Sep 12, 2015

Mr. Mattis gives us his take on the JFK assassination...........

English: Six pictures of Frank Sturgis. The up...
English: Six pictures of Frank Sturgis. The upper-right photo is from San Juan Hill, Cuba, 11 January 1959, and shows Sturgis standing over a mass grave of 71 executed Batista soldiers. (Photo credit: Wikipedia)
Frank Sturgis and Bernard Barker, 1960 (top) a...
Frank Sturgis and Bernard Barker, 1960 (top) and 1972 (Photo credit: Wikipedia)
English: Dealey Plaza and the Texas School Boo...
English: Dealey Plaza and the Texas School Book Depository, Dallas, Texas, U.S.A., in November 1969, site of the assassination of John F. Kennedy on 22 November 1963, its appearance little changed in the intervening six years. (Photo credit: Wikipedia)
The view above Dealey Plaza in Dallas, Texas.
The view above Dealey Plaza in Dallas, Texas. (Photo credit: Wikipedia)
The Grassy Knoll and Bryan pergola on the nort...
The Grassy Knoll and Bryan pergola on the north side of Elm Street. (Photo credit: Wikipedia)
Downtown Dallas in the background with the Tri...
Downtown Dallas in the background with the Trinity River in the foreground. Taken from the N Hampton Rd bridge. (Photo credit: Wikipedia)
The wooden fence on the grassy knoll, where Fi...
The wooden fence on the grassy knoll, where Files claims to have made his shot. (Photo credit: Wikipedia)
Mugshot taken of Jack Ruby, taken following hi...
Mugshot taken of Jack Ruby, taken following his arrest. (Photo credit: Wikipedia)

copied from you tube..........


Charles Harrellson and Frank (Sturgis) actually named Frank Fiorni at birth and was changed to Sturgis - that was his step fathers name, he was born in Va.

Frank Fiorni or Frank Sturgis and Chancy Holt shot at JFK from the knoll concrete area behind Zapruder.

First bullet that hit JFK was in the back by Dallas Deputy Sheriff Harry Weatherford from the roof of the Dallas county records building, shot # 2 was Jack Lawrence USAF through the windshield into JFK's throat, shot # 3 was the back of JFK's head by CIA trained Cuban Exile/Assassin Nestor Izquierdo from the Dal Dex building from the Dallas mining and mineral office - a CIA front , the 4th. and 5th. shots came from The grassy knoll just after the 3rd shot.

David Ferrie shot the Right front temple area of JFK and he was a MOB/CIA assassin and pilot and Frank Sturgis/Frank Fiorni birth name, shot JFK at just about the same time as David Ferrie

From the 3 way bridge, the limo was stopped by greer who was given a military sign to stop by their Castro/JFK hit team commander who was standing on the sidewalk , the whole hit was planned and staged as if it was directing a movie, the CIA/Military hit was by LBJ ,Dulles ,Nixon ,Bush , Gen. Ed Landsdale , Gen. Edwin Walker (Bush's cousin) and Gen. Westmoreland who was working at the Dallas police department until JFK was killed and then was redeployed as Special CIA Police Advisor to the Saigon Police in Viet Nam .

A 2 star General who is Cia was working at the Dallas police department until JFK was assassinated , the media and press has heavily guarded and suppressed info on CIA Gen.Westmorelands whereabouts being in the Dallas police department on Nov. 22, 1963 .

Bush and Ed Landsdale were both photographed in Dealy Plaza that day and were not able to be covered up like Westmoreland was .

I am not giving you all the political , banker and oil tycoon people who were involved here , but only the assassination mechanics of the JFK assassination that day in Dealy plaza.

Harellson was a MOB/CIA gun for hire and though what he is saying about the drug dealing by CIA is true , he usually lies like hell about his part in it all ! .

The DEA or CIA may have told him to shoot a Judge - POPPY G.W.Bush was a Heroin Dealer for Senator Prescott Bush during the Viet Nam war ? . 

The CIA is a known Drug Dealer as a US Government Agency .

The CIA is basically just another NAZI organization like the American Nazi Allen Dulles the man who was a WW2 war criminal who escaped justice along with his Nazi friends like Bush , Dupont , Ford and Standard Oil - Rockefellor .

Connolly was shot by Malcolm Wallace from the Snipers nest in the Texas school book depository ,

No evidence Oswald even shot on that day.

Roscoe White USMC a Dallas Police rookie also shot at JFK from the knoll but he missed to avoid hittting Jackie and he claimed in his Diary that he shot and killed J.D. Tippit after JFK was killed.

Oswald never had killed anyone before and I cannot see why the CIA would use someone like him on such a important presidential assassination instead of their already trained CIA/MOB killers who did shoot at JFK in Dealy Plaza on that Day .

Oswald was not a mercenary soldier of fortune like the rest of the killers were and Oswald just does not really fit at-all into being one of the shooters ! .

This was casted like a hollywood script and the only part Oswald fit into was Patsy or as The Fall Guy ! .

Even Jack Ruby Rubinstein the Ex-Nixon aide was from The Chicago Mob and was also a Gun runner for the CIA and the Mob.Jack Ruby fits with CIA/MOB and with Nixon and the Bush's, Demoreshindt and The Paines fit also with Cia activities , Oswald does not really fit with any of this except to die as a patsy as I see it ,

Oswalds uncle worked for Carlos Marcello in New Orleans and Oswald helped him sometimes but Oswald had no direct relationship in any way with Carlos Marcello ! .

David Ferrie did though and Oswald knew him well .

Oswald connects with David Ferrie and Guy Bannister and DeMoreshindt but as a runner and propaganda agent not ever as a assassin unless he was ordered by DeMorshindt to shoot at Gen. Walker ?

we know after missing he promised his wife he would never shoot again at another human being , not really the type of person the CIA would use to kill JFK is he ? . 

Oswald to me just doesn't fit - any way you look at it , not as a CIA or as a Mob or even as a lone assassin .

He gained nothing by doing the crime and did not even know until later on that evening they were saying that he had shot JFK .

What Oswald was told and what he thought he was doing only he really knows unless someone decides to tell us what they instructed Oswald to do and no-one so far has said anything about Oswalds actual FBI and Immigration department orders .

Oswald was on both payrolls and his records have been sealed up so we cannot look at them .

Guy Bannister FBI/CIA was the office Oswald worked out of in New Orleans and he most likely was CIA also along with The Paines and DeMoreshindt who had Bush's phone number in his personal address book.

RFK deported Carlos Marcello while he was actually working on a covert CUBA mission for Bush and NIXON at The CIA .

The MOB/CIA contractors said; the CIA's plans to kill Castro were very poorly planned and they just went along with them to make the CIA money. 

JFK was easy for the CIA to kill compared to Castro ! , the only problem was with Bush and his cousin the CIA left thousands of loose ends and they had to kill off many witnesses to cover them up . 

The lone nut Oswald was dead and he had no-way to kill anybody ! .

LBJ and Hoover did the main cover up with help from Dallas police and Dallas Deputy Sheriff Harry Weatherford who was one of the shooters of JFK .

Bush is who destroyed the CIA records.

Dulles CIA handled the Warren Commissions Fabrication .

The best evidence of all is Dallas Police Chief Curry who later said; we have absolutely no evidence that Lee Oswald shot at anybody ! .



You have David Ferrie shooting at JFK!?

+2727taterbug

Yes there are FAA flight plans in The National Archives where General Edwin Walker and David Ferrie flew from Austin to Dallas twice for 6 days all with Team # 4 , this was the day before Oswald supposedly took a shot at Walker in his dining room when he missed him, they also had a 1959 green rambler station wagon listed on the FAA flight plan. 

Gen. Walker was Bush's cousin . 

David Ferrie was listed as part of Team # 4 and as the pilot of a RED Cessna - not a military plane. 


Castro was in Cuba and the CIA training camp was at a Lake near New Orleans , so if they went to Dallas for 6 days of preparation for something and did it without Oswald  - it most likely was to plan the assassination of JFK . 


Another interesting fact is The 28 day CIA fast acting cancer man was also with them on this flight plan on Team # 4 , clearly this was a CIA covert mission . 

Oswald was involved in the CIA Cancer project and so was David Ferrie both in New Orleans , 

You have to ask Yourself why Oswald was not brought with them on this flight sense he was working with the same CIA doctor and David Ferrie in New Orleans , the girl assistant testified to this fact and she worked on the CIA cancer project ?  

Ferrie was a MOB Pilot and a Hit man for Carlos Marcello in New Orleans and he did contract work flying on covert anti-castro missions to CUBA for the CIA , plus Carlos Marcello is who Outfitted CIA planes with armaments . 

This ties David Ferrie and Carlos Marcello directly to Nixon , Bush and Jack Rubinstein who shot Oswald . 

Bush ran Operation Zapata and Mongoose , both were total CIA failures and both were directly run by George bush at the CIA . 

Frank Sturgis said; George bush at the CIA was my boss invading Cuba . 

Eisenhower and Nixon started the CIA covert actions in Cuba and JFK inherited the mess that they made . 

RFK is actually was who was dealing with the CIA and Bush . 

RFK did not know that Mobster Carlos Marcello was working for The CIA and for Bush on Killing Castro . 

RFK deported Carlso Marcello for being a mobster.

JFK got angry at the CIA's mess in Cuba and he fired Dulles and General Cabell who just happened to be The Dallas Mayors brother . That is why Dallas was chosen for the JFK Assassination plus LBJ and Connolly controlled all of Texas .

David Ferrie was murdered a few hours before he was to testify before DA Jim Garrison and then Gov. of CA. Ronald Regan blocked witnesses to help Nixon and Bush get away with killing JFK and to obstruct justice. 

If Jim Files MOB shot JFK and is talking about it why is he alive and why is David Ferrie dead ? 

David Ferries queer lovers said that he was in Dallas when JFK was shot also . 

No-one has ever put James Files in Dallas when JFK was shot except for Files himself . 

Files say that it was a Mob hit , that is what The CIA would like for us to believe , that is why Files is still alive ! .

I added another paragraph above to help explain some more things.



what about james files and his fireball rifle. Many think they saw him and Harrelson standing behind the knoll fence when there was a puff of smoke and muzzle flash 



Sense Files who was (Mob) had never worked before with the CIA and sense Harrellson (Mob/CIA) did , This was a CIA hit , I do  not think that Files would of been used . 

Chancy Holt was a Mob/CIA money launderer as well as a incredible shot , then there is  Frank Sturgis and another shooter named Jack Lawrence who's borrowed dealer car was later found parked up in the parking lot of the grassy knoll . 

Bush was CIA in Charge of the Cuba operations and Files had nothing to do with any of that but all the other Mob/Cia trained shooters did , Files simply does not fit . 

Then there was The Diary of Roscoe White A Dallas PD Rookie from the (USMC) who said he shot and killed J.D. Tippit , his son read the diary after he died and He said he was there on the grassy knoll and he that shot at JFK but missed to avoid hitting Jackie , he never said; James Files was there ? . 

Files said; His friend Gary Marlow was who shot J.D. Tippit ? so why would Roscoe White a Dallas PD Rookie write in his Diary that He went shot and killed J.D. Tippit after missing JFK ? 

And why would the FBI take the Diary from White's son and get rid of it - if it was not true ? ! . The FBI taking the Diary away and not returning it almost proves it to be true, consider how the FBI has hidden and destroyed almost all of the evidence relevant to solving the JFK assassination ? ! .  

Let's just say that Files did hear about it through the grapevine in the Mob and that he knows that David Ferrie (Mob/CIA) is dead now and that David Ferrie who looked a lot like him did the front head shot along with Frank Sturgis , So who is gonna stop him from lying about it ? or from claiming the credit while he is in jail , it takes the heat off the CIA and puts it on to the Mob , Harrellson MOB/CIA killer says the CIA is who deals most drugs in The USA and around the World , so in a way you could say that the Mob deals CIA drugs that are supplied by Your local US politicians .

I believe Heroin was being smuggled into the US by Allen Dulles , Nixon and Bush at The CIA during The Viet Nam War under Eisenhower and That JFK beating Nixon in the election was ruining the CIA's Mob drug dealing plans because JFK wanted out of Viet Nam . 

Prescott Bush and Dulles were the master minds and the Joint chiefs of staff were taking bribes .  

LBJ was totally corrupt like Nixon and Bush were and they knew he would stay in Viet Nam to sell his wife Lady Bird's Helicopters at Bell Helicopters she owned 51% of the company and Ruth Paine CIA's Husband Michael Paine (CIA) worked at Bell Aerospace . 

And a little known fact ignored is that Ruth Paine got Marina Oswald to Marry a CIA agent named Ken Porter who worked for a CIA front in Dallas called Collins Radio . Now Marina Oswald is CIA controlled and will never tell the truth ! . 

Ever wonder why the so-called Oswald note to Marina about shooting at General Edwin Walker took 2 weeks to finally surface after Oswald was dead ? , She immediately gives up where he keeps his rifle but she does not give them the Walker shooting note ? that makes no-sense to me at-all . 

The FBI had searched the Paine's house where she was living and they did not find it in her room and then suddenly 2 weeks later after Oswald is killed it appears ! . You have to wonder if Jackie and Marina were in on the plot when you see who they both got married to afterwards ! ? . Two Black Widows ? Very Possible when dealing with The CIA ! .




+Gary Mattis you have provided some great information. You have changed my mind about Files, what is your idea on Mark Wallace, and LBJ's involvment. Bush sr is one evil person

Malcolm Wallace was one of LBJ's thugs and was a killer.

LBJ got him off on a murder charge with only probation.


His finger print was found in the snipers nest where Oswald's finger print was not found and He is who shot Connolly, that is what a few of the witnesses have said.


LBJ was certainly going to Jail at RFK's hands in the Baker TFX bribery scandle and his political life was over unless he killed JFK and became president and stopped RFK.

Baker who was LBJ's friend in Crime said in 1962 that JFK would never finish his term as President, did he know LBJ was gonna kill him?

Most likely Baker did because he knew that LBJ had killed 7 other people on his way to power and that LBJ had used Malcolm Wallace to help kill those people also, Billy Solestes testified about 8 LBJ ordered killings including JFK's, but not until after LBJ was dead.

The FBI was a major part of the Plot to Kill JFK - LBJ's  friend Hoover at FBI helped him do the cover up along with the CIA and The Dallas Police and Sheriff's departments.

LBJ's wife owned 51% of Bell Helicopters and Aerospace  where Ruth Paine (CIA) husband Michael Paine (CIA) worked .

So Oswalds wife's good friends the Paine's were both CIA Contractors and he worked for LBJ's wife ,

They married Marina Oswald off to a CIA agent named Ken Porter after killing Oswald .

Was Marina Oswald a part of the plot ?

possible and then there is Jackie also ?

both married people who could be consider enemies of their dead husbands ,

Two Black Widows in on the plot is very possible , Marina's father was a Soviet spy . Jackie grew up with DeMorschendt her mother dated him also ? all were CIA people who knew Oswald .


I have not ruled out Jackie Kennedy or Marina Oswald as being suspects at this point . Woman sell their husbands down the river many times for money and why should I think any different about these two woman ? Just Look at who the two of them married after their husbands were murdered ?

Most Unfaithful Woman are very good liars has been my experience in life , The ones I have known would rather lie then tell the truth.





+Gary Mattis

Some good work here Gary.  How does this jive with Mark Lane's last book.  Haven't read it yet but curious.

rod mckenzie confirmed that Mac Walace indicated Harrelson was at the triple under pass, ready to shoot, but it was not needed anymore. He should be one of the 3 tramps.





Thank you for your very interesting discussion on this important topic in history.........









Walt Disney's Daughter Remembers His Legacy in "Lady and the Tramp" By Scott Huver

Lady and the Tramp II: Scamp's Adventure
Lady and the Tramp II: Scamp's Adventure (Photo credit: Wikipedia)
Today audience have a sense of what the Disney name brand means, but there was a time when it came down simply to the creative touch of Walt Disney himself.
Disney’s deft instinct for lushly animated, warm all-ages stories was in full flower in 1955 when, after nearly 20 years of development and tinkering, his eponymous studio released “Lady and the Tramp,” now long acknowledged as one of the company’s enduring masterpieces. To mark the film’s debut on Blu-Ray, the inventive mogul’s daughter Diane Disney Miller gives PopcornBiz a peek into her father’s real-life Magic Kingdom.

Can you explain where 'Lady & The Tramp' stood in your dad's heart and its significance to him personally?
It was very close to his heart, and to his own experience. Everybody loves dogs and that's why, I think, this film has survived so well in the public's view. That little episode you'll see in the beginning where the wife is presented with a puppy in a hatbox – that's exactly what he did with my mother when he wanted a dog and she didn't want one. They had just moved in to their first built home. He and his brother had built homes that were side-by-side, very near the old studio in Hollywood. Dad found that there were certain breeds of dogs that didn't shed: one was a Chow, so he bought a little Chow puppy and asked his brother to keep it in his garage next door until Christmas morning. On Christmas morning he sent my mother's niece Margery, who was living with them, over to Uncle Roy's house and they had it all ready. They had the hatbox and tied a big bow on it and Margery brought it back and presented it to my mother. When mother opened it and the little dog popped out she was delighted. She loved it! My dad was great like that, when he did something really clever like that.

It’s the first film the studio did in Cinemascope, and in one of the disc’s documentaries you note that your father was a lover of gadgets and gimmicks in his personal life. Would he have easily embraced all types of new film technology?
Anything! People ask what he would think of today's digital [film]. He would love it. Actually, if you refer to his early films he was the first to put color in the animated films, in the cartoons and he got an exclusive contract with Technicolor to try out the color process, the three-color process. And then on TV, he was the first to jump in and embrace television instead of be afraid of it. He was always there, looking for everything new thing. He'd tell the old stories in a new way.
What does it mean to you to see your father's creations, a film like this and the Disneyland Park and everything else, still be so treasured and relevant today, after all the creative effort he put in to what he was doing?
It's very gratifying. This is why we had to build the museum in San Francisco. We chose a historic building that belongs to the state, to the nation. It's a part of an old Navy base, The Presidio, and now it's a national park. We chose this wonderful, old brick building – it's one of six identical buildings there – to do this in because it's for the people. He was successful because people liked what he did and bought it and supported what he did. He felt very strongly in getting this to his audience, to the people that accepted his product and bought it and sought it out. This museum I think is for my dad and for them.
The spaghetti scene in "Lady & The Tramp" is one of the most iconic in all of the Disney films. It's been imitated and tweaked. Did he have a sense of how beloved that particular scene was becoming throughout the generations?
I don't know. I didn't know it was the iconic scene – I always say that it was my favorite scene – but I have no idea. I can't answer that for you. I don't know if he was aware of that at the time of his death. He must've been. It sounds very much like something that my dad would've thought of.
Did anything you ever said or did at home make it into one of the Disney films?
Not directly, but I always had my girlfriends spending the night and we'd do these things – my sister, too – and I think that probably more in something like the Hayley Mills film, 'The Parent Trap,' you might see some of that girly interaction. Dad had a good feel for that, because part of the time he was driving us to school in a carpool with three other girls in our neighborhood. He heard all of us chatter in the back of the car. So I think that might've been one place that it might've surfaced, because everything that happened in his life found it's way into a film, somehow, at one point.

Like a lot of your father’s projects, it's interesting to learn that "Lady and the Tramp" was a notion that came up as early as the late '30's, but he didn't follow through with until the mid-'50's. It seemed like he had a real sense of timing, when to put things out.
It was a sense - he had this book for a long time. For example, I just learned that he had 'Bambi' in his hands way before he did 'Snow White.’ There was a development that went on with so many of them. I think a lot of them had to do with timing – the fiscal timing of other films, but also just sort of how it fit into their production schedule. But in his life it always seemed that he had properties that he wanted to be in, [although] he never really wanted to do 'Alice in Wonderland.' And it was a film that Dave Smith, the founder of the studio archive, said that it was the thing that everybody always said that he ought to do, but that he never wanted to do. He and his animators never really felt good about it. I, however, really liked the film. I think it's witty and colorful and fun. But 'Lady & the Tramp' was a story he loved.
What's a fun fact about your dad that most people might not suspect, even his biggest fans – something they wouldn't know was an aspect of Walt Disney?
Well, people are very surprised when they learn that he was just really an ordinary dad. He drove his two little girls to school every morning when they were younger – we both went to girl schools that were not within walking distance. He would drive us every morning and then he'd go on to the studio and I think people are very surprised when they hear that. He was just a very good dad. He helped us with school projects. He went to every father/daughter event that occurred anywhere. When we were very small, every weekend, Sunday was really ‘Daddy's Day.’ We'd go to Griffith Park. There was a carousel there and we'd ride that and then we'd go run around the studio with him. He loved to go to the Burbank studio when there was nobody there. We went into every room and saw what the guys were doing. We'd ride our bikes all around the parking lot. I don't think people realize that he was just a good family man. That's why his product worked: because he was appealing to the kind of audience that he really loved and understood.


"Lady and the Tramp" makes its debut on Blu-ray today. 

Defamation Suit Against Kerik Lawyer and Daily News Dismissed--from New York Law Journal

English: NYPD Police Commissioner Bernard Keri...
English: NYPD Police Commissioner Bernard Kerik speaking at a press conference concerning crime scene evidence collection from the WTC site. (Photo credit: Wikipedia)

Defamation Suit Against Kerik Lawyer and Daily News Dismissed

, New York Law Journal
    | 0 Comments
Former NYPD Commissioner Bernard Kerik, left, exits Bronx Supreme Court in June 2006 with his then-attorney Joseph Tacopina.
Former NYPD Commissioner Bernard Kerik, left, exits Bronx Supreme Court in June 2006 with attorney Joseph Tacopina.
Attorney Joseph Tacopina's defamation lawsuit against Bernard Kerik's lawyer and a New York City newspaper has been dismissed by a federal judge.
Southern District Judge Paul Crotty said that the fair reporting privilege protected allegedly defamatory statements that Kerik attorney Timothy Parlatore made to the New York Daily News in 2014, and he dismissed claims against the newspaper for two articles published in October 2014.
The case was part of a long-running brawl between Kerik, the former New York City police commissioner and one-time nominee for Department of Homeland Security chief, and Tacopina, of Tacopina & Seigel, who represented Kerik on criminal charges in the Bronx nine years ago.
Kerik had filed an ethics complaint against Tacopina in 2013 and sued Tacopina the following year alleging a series of improper acts, including breach of fiduciary duty of an attorney toward a client.
Kerik claimed Tacopina led him to believe that, if he pleaded guilty to two state misdemeanors in 2006 in Bronx Supreme Court, he would not face further prosecution. But federal prosecutors proceeded with a separate investigation of Kerik, who was ultimately convicted of tax evasion in New Jersey federal court in 2009 and served three years in prison.
Kerik's lawsuit against Tacopina was dismissed by Southern District Judge John Koeltl in December (NYLJ, Dec. 4, 2014).
On Oct. 15, 2014, Parlatore filed suit against Tacopina in state court on behalf of a Jane Doe, a former Tacopina client who claimed Tacopina had committed malpractice in an unrelated civil action. The woman alleged Tacopina urged her to accept a low-ball settlement with an unnamed law firm where she once worked as an associate while failing to disclose he was of counsel at the firm.
Parlatore submitted an affidavit in the Doe case claiming Tacopina had come under "public scrutiny for his considerable unethical and dubious practices" including that he was "abusing" cocaine.
That same day, Oct. 15, the Daily News ran an article headlined "Lawsuit against Joe Tacopina seeks to freeze lawyer's assets as he closes deal to buy Italian soccer club Bologna."
The article reported that the complaint filed by Kerik had alleged Tacopina "abused painkillers and cocaine during his failed" defense of a woman convicted of murdering her husband, when, in fact, Kerik's complaint only mentioned "prescription pain medications."
Two days later, on Oct. 17, the Daily News ran another article saying "Judge orders celebrity attorney Joe Tacopina—now boss of second-division soccer team in Italy—to court," in the Doe case when in fact Tacopina's appearance was optional.
The article stated the judge required Tacopina to explain why he shouldn't be barred from selling assets until his legal dispute with Doe was resolved.
Tacopina's lawsuit, filed Oct. 20, named Parlatore for the Jane Doe affirmation and the Oct. 15 article, and it named the Daily News and reporter Michael O'Keeffe for the Oct. 15 and 17 articles. He said Parlatore and the newspaper gave the impression he was fleeing the United States to avoid creditors and he had abused drugs.
Judge Crotty
Judge Crotty
In dismissing the case Friday, Crotty cited New York Civil Rights Law §74, which bars civil actions based on "the publication of a fair and true report of any judicial proceeding."
"In certain circumstances, publication of legal documents that have not yet been filed may be protected by the fair reporting privilege," he said inTacopina v. O'Keeffe, 14 Civ. 8379. "New York courts have held that statements to the press regarding the litigation position a party intends to take are protected by New York Civil Rights Law §74, even where the documents containing the position have not yet been filed, so long as the party ultimately takes that position in the litigation."
Here, he said, there was no indication that the affirmation Parlatore gave O'Keeffe "was in any way different" from the one he ultimately filed in court.
"Nor is there any allegation that the Daily News reported on the Jane Doe affirmation before it was filed," he said. "In these circumstances, Parlatore's alleged conduct does not vitiate the fair reporting privilege."
Over Tacopina's argument to the contrary, the judge said the mistaken attribution to the Kerik complaint in the Oct. 15 article didn't matter because the result was the same.
"The court agrees," Crotty said. "Whether the allegation regarding cocaine appeared in the Kerik complaint or the Jane affirmation, nonetheless it was made in a publicly filed document."
The judge continued: "Moreover, reporting that allegations regarding prescription pain medication and cocaine were made in a single lawsuit by one former client does not 'suggest more serious conduct' than what actually occurred: those allegations came from two different lawsuits by two former clients."
Crotty went on to find that neither the Oct. 15 nor the Oct. 17 articles were defamatory.
Parlatore had moved against Tacopina and his attorney, for sanctions for bringing a frivolous lawsuit, but the judge declined.
"The lawsuit was not frivolous," Crotty said. "While the amended complaint is dismissed, it is not so lacking in merit as to warrant the imposition of sanctions."
Judd Burstein represented Tacopina. Burstein said he would appeal the decision. "I think the opinion makes it clear there was sort of a hit job on Tacopina," he said.
Matthew Leish assistant general counsel at the Daily News, represented the newspaper and O'Keeffe.
Parlatore represented himself.
"The Jane Doe case is still active; ­the restraining order [on assets] is still in place," said Parlatore, who said Tacopina "had filed counterclaims against her [Doe] based on the same ridiculous claims he made against me in this case."
As for the defamation claims, "I'm glad that the judge saw through it," Parlatore said.


copied from New York Law Journal and google news.......





Read more: http://www.newyorklawjournal.com/id=1202736658368/Defamation-Suit-Against-Kerik-Lawyer-and-Daily-News-Dismissed#ixzz3lXKCzHts